A quitclaim deed transfers whatever interest, if any, a grantor may have in the property, without specifying the interest in any way. No warranty of ownership is given. A quitclaim therefore can be used to terminate an easement. This form is a generic example that may be referred to when preparing such a form for your particular state.
Illinois Quitclaim Deed Termination or Terminating Easement
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How to fill out Quitclaim Deed Termination Or Terminating Easement?
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FAQ
Illinois law recognizes an easement by necessity as one of the two types of an implied easement (along with an easement arising from a pre-existing use). An easement by necessity is created when a landowner is landlocked and needs access for ingress and egress over another's property.
Termination of Easements Termination occurs by release when all the dominant owners agree to abandon the easement. City of Chicago v Hogberg, 217 Ill 180, 75 NE 542 (1905). To terminate an easement by abandonment, the party must first prove that the dominant estate owner intended to abandon use of the easement.
Illinois deeds must meet the following content requirements: Current owner (grantor) and new owner (grantee) name and address. An Illinois deed that transfers title to real estate must include on the face of the document the names and addresses of the current owner and the new owner. Granting clause.
Illinois adverse possession laws require claimants to occupy a given property for at least 20 years and either "color or title" or payment of property taxes for seven of those years.
With a quitclaim deed, when you're getting the property, you're only getting what the grantor actually owns. If they don't really own the property, then you'll receive nothing. And you can't sue the grantor because they're not giving any guarantees.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
An easement allows another person the right to use your land for a specific purpose. The most usual easements are those granted to public utility or telephone companies to run lines on or under your private property and to neighboring houses to use a common driveway to give access to their home.
Easements can be terminated through release, merger, or abandonment, or lost by adverse possession. 25 AM JUR 2D Easements and Licenses §§ 112-119 (1996). Termination occurs by release when all the dominant owners agree to abandon the easement. City of Chicago v Hogberg, 217 Ill 180, 75 NE 542 (1905).
